Overview of recent cases before the european court of human rights (December 2017 – August 2018)
| Author | Marcin Wujczyk |
| DOI | 10.1177/1388262718802132 |
| Published date | 01 September 2018 |
| Date | 01 September 2018 |
| Subject Matter | Case commentary |
Case commentary
Overview of recent cases
before the european court
of human rights (December
2017 – August 2018)
Marcin Wujczyk
Department of Labour Law and Social Policy, Jagiellonian University, Krak´
ow, Poland
Prohibition of discrimination with respect to the right to pension,
regardless of citizenship (Ribac
´v. Slovenia)
1
This report refers to the judgment of the European Court of Human Rights of 5 December 2017.
The applicant, Arand
¯el Ribac´, stated in his complaint that the refusal to grant him an old-age
pension because he did not hold Slovenian citizenship constituted discrimination on the grounds of
nationality, contrary to Articl e 14 of the Convention
2
taken in conjunction with Articl e 1 of
Protocol No. 1.
3
Factual state
The Socialist Federal Republic of Yugoslavia (the SFRY) was a federal State composed of six
republics: Bosnia and Herzegovina, Croatia, Serbia, Slovenia, Montenegro, and Macedonia.
Nationals of the SFRY had dual citizenship for internal purposes, that is to say they were citizens
of both the SFRY and one of the six republics. They had freedom of movement within the federal
Corresponding author:
Marcin Wujczyk, Department of Labour Law and Social Policy, Jagiellonian University, Goł ˛ebia 24, 31-007, Krak ´
ow, Poland.
E-mail: marcin.wujczyk@uj.edu.pl
1. Application no. 57101/10).
2. Art. 14 of the Convention: ‘The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured
without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or
social origin, association with a national minority, property, birth or other status.’
3. Article 1 of Protocol No. 1: ‘Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No
one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law
and by the general principles of international law. The preceding provisions shall not, however, in any way impair the
right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general
interest or to secure the payment of taxes or other contributions or penalties.’
European Journal of Social Security
2018, Vol. 20(3) 284–293
ªThe Author(s) 2018
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DOI: 10.1177/1388262718802132
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